From EDA to H1-B, please help

[phonon]

Hi folks,


My status: 140 approved, got laid off right after 485 filed.

Now I am working with a company based on my EAD. Because it is very likely that my GC may be denied, I am trying to go back to H1-B visa. My questions are:

1. Can I applied a new H1-B after the EAD being used?

2. Do I have to travel out of US to get a visa stamp? If yes, can I just go to Canada in stead of my home country?


Thanks for helps.

Phonon

 

[jaxen]

1.Is your H1 still valid? If not, Did You switch to EAD when you changed employer? In which case, it is better to apply for new H1 (vs H1 transfer) and use premium processing
2. Can be done in canada/mexico

 

[faitas]

Hi Jaxen...

I am working on EAD for almost 9 months. I H1-B expired on 07 March, 2003.

I only used 3 years and 5 months of my H1-B, though I am in US for about 5 yrs. I studied here and got the H1-B sponsorship while studying.

My 485 is pending (ND November, 2001, FP in Feb'03.)

What are my option to go back to H1-B if I want to use the rest of my H1-B timeframe. (6 yrs - 3 years and 5 months = 2 years and 7 months).

I know, I can renew my EAD as long as my I-485 is processing.

Just want to know, is that option is still open for me or not. Can I do it from US ??

Any good lawyer, I can contact to for this kind of cases.

Any suggestion would be highly appreciated. I heard different things from different group of people.

Thanks in advance.